Buffy vs. Edward Remix Unfairly Removed by Lionsgate • Hacker News Board

Re: Buffy vs. Edward Remix Unfairly Removed by Lionsgate

#71

Post by DannyBee » Thu, Jan 10, 2013, 4:50 PM UTC

georgemcbay wrote: post #61

DannyBee wrote: post #45

Earlier quoted context omitted.

There is no "controversial" in this kind of case. Either it's legal, or it's not. There is no "kinda legal but maybe not". While the inputs are not binary, the output definitely is. So either Google has to decide that, or they have to let others hash it out. Youtube doesn't prevent you from, for example, all banding together and suing Lionsgate in a class action. You could also try personal suits for tortuous interfe…

I'm not talking about things that are "kinda legal", I'm talking about situations where: Guy uploads item that is clear to anyone with a brain is fair use. Studio X files DMCA to Google. Google automatically disables the video Guy fights to reinstate the video, gets approval, video is re approved. (So far this is what happens now, according to this guy's account) But at the point where the video is re approved Google…

So, something is not non-infringing just because someone drops a single DMCA claim.

Sadly, even in that case, the future DMCA's are just as valid, and Google would likely be just as liable, even if they are doing it abusively.

Again, the abuse is something to get a judge to look at, not Google.

Without a declaratory judgement of non-infringement in hand, there is actually nothing to say it's non-infringing, all you've done is get someone to drop a DMCA claim.

Re: Buffy vs. Edward Remix Unfairly Removed by Lionsgate

#72

Post by gte910h » Thu, Jan 10, 2013, 6:35 PM UTC

illuminate wrote: post #52

gte910h wrote: post #28

Earlier quoted context omitted.

While a remix, it is also commentary on the work itself.

If that was the case, RiffTrax would be in the clear for releasing all their voiceovers with the original movies :)

Rifftrax is commercial, this is not

Rifftrax is additive, not transformitive

The person designated by the federal government to recommend who is exempt from DMCA restrictions recommended this work by name as an example of a work that would be hurt by not having exemptions to Decryption prohibitions. They considered it a valuable documentary.

>“Based on the video evidence presented, the Register is able to conclude that diminished quality likely would impair the criticism and comment contained in noncommercial videos. For example, the Register is able to perceive that Buffy vs Edward and other noncommercial videos would suffer significantly because of blurring and the loss of detail in characters’ expression and sense of depth.” -Recommendation of the Register of Copyrights, October 2012 (Page 133) Maria Pellante

Re: Buffy vs. Edward Remix Unfairly Removed by Lionsgate

#73

Post by cjensen » Mon, Jan 14, 2013, 3:16 AM UTC

beedogs wrote: post #59

cjensen wrote: post #27

Doesn't look like fair-use to me. The rebelliouspixels version, with its extensive on-screen critique is fair-use since it appears to be a critique. But if the original YouTube version lacked that, then the video devolves into little more than a fanfic video by a Buffy-loving Twilight-hater. Even the rebelliouspixels version appears to contain far more "quoting" of the original material than is needed for its critiqu…

> Doesn't look like fair-use to me. If you don't know what "fair use" is, you probably shouldn't be opining on this.

You'll note that provided a reason why it is not fair use, and you did not dispute the reason.